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CaseLaw

Alimi V. Obawole (1998) CLR 6(d) (CA)

Brief

  • Admissibility
  • Customary grants
  • Estoppel per rem judicatam
  • Trespass
  • Registration of instruments
  • Counsel
  • Unregistered registrable instrument

Facts

The plaintiff/respondent sued the defendant/appellant at High Court Ile-Ife on 9/4/87 claiming as follows: -

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    "The sum of N20, 000.00 (Twenty Thousand Naira) being general and special damages for continuous trespass committed by the defendant and/or his agents or servants, for unlawfully entering upon his land situate, lying and being at No. 44 Ife-Ibadan Road, Ile-Ife and for willfully damaging the property thereon. The plaintiff has been in continuous possession of the land.
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    A perpetual injunction restraining the defendant, his servants or agents from committing further acts of trespass on the said land.”

Pleadings were duly filed and exchanged by the parties on the above claims. The defendant/appellant (who will hereinafter be simply called “the appellant”) in his statement of defense also made a counter-claim as follows: -

“Counter Claim

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    The defendant claims declaration that the certificate of statutory right of occupancy dated 4/8/80 as claimed in paragraph (17) of the claim and granted by the Governor of Oyo State to the plaintiff which was obtained by fraud be declared null and void and therefore should be expunged from the Deed’s Registrar Ibadan.”

On the above claim and counter-claims, the trial court heard the parties and their witnesses. The plaintiff/respondent (who will also hereinafter be simply called “the respondent”) gave evidence and called 7 (seven) witnesses who testified in line with or in support of, his pleadings. Likewise the defendant/appellant also gave evidence and called 2 (two) witnesses in proof of his defense and counter-claim. After hearing the parties and their witnesses in the case, the learned trial judge in a well considered and copious judgment (of about 40 pages) dated 15/12/88 entered judgment in favour of the plaintiff (respondent) and awarded N4, 500.00 general damages to him. The learned trial judge also granted a perpetual injunction restraining the defendant (appellant) from further acts of trespass while the counter-claim was dismissed. The appellant was not satisfied with the judgment of the trial court and he appealed against it to this court.

Issues

  • i
    Whether the learned trial judge was right in admitting Exh. C in evidence...
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